What the law says
The law entitles every child of compulsory school age to an efficient, full-time education suitable to their age, ability and any special educational needs they may have.
Compulsory school age
Children become of compulsory school age on the first of the following dates occurring after their fifth birthday:
- 1 January
- 1 April
- 1 September
In practice, this means a child is of compulsory school age from the start of the term following their fifth birthday.
The responsibility of parents/carers
It’s the legal responsibility of every parent/carer to make sure their child receives education, either by attendance at a school or by other means.
This applies to:
- natural parents
- other people who have parental responsibility
- those with care for a child
This means that, for example, step-parents who care for a child will have a legal duty to make sure the child receives a suitable education.
When parents/carers register their child at a school, they have an additional legal duty to make sure their child attends that school regularly. This means their child must attend every day that the school is open, except in a small number of allowable circumstances such as being too ill to attend or being given permission for an absence in advance from the school.
When a child does not attend regularly, their parents/carers may be liable for prosecution under section 444(1) of the Education Act 1996.
For more information, visit our webpages on what happens if a pupil does not attend school.